United States Court of Appeals for the Second Circuit
975 F.2d 45 (2d Cir. 1992)
George Albino was arrested for possession of heroin and agreed to cooperate with law enforcement in the apprehension and prosecution of Andres Aguiar (Aguiar) (defendant) Aguiar had hired Albino to transport the heroin. Albino told law enforcement that Aguiar had hired him to get the heroin and delivery it to Aguiar. Albino agreed to testify against Aguiar at trial. After Aguiar’s arrest, however, Aguiar threatened Albino and his family’s safety if Albino continued cooperating with authorities. Albino complied with Aguiar’s threats and refused to testify at Aguiar’s trial. As a result, the prosecution sought to introduce Albino’s prior statements to law enforcement officials. The United States District Court for the Eastern District of New York (District Court) held a hearing on whether Aguiar procured Albino’s unavailability at trial. The District Court determined that he had. The District Court then admitted into evidence Albino’s prior statements over Aguiar’s hearsay objection. The jury convicted Aguiar. He appealed.
Rule of Law
Holding and Reasoning (Winter, J.)
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